S v Pakkies

• Jurisdiction: South Africa
• Judge: Pickering AJ
• Judgment Date: 06 September 1985
• Citation: 1985 (4) SA 592 (TkS)
• Hearing Date: 06 September 1985
• Court: Transkei Supreme Court

Pickering:

The accused in this case is charged with murder. B Before the case was called this afternoon, it inadvertently came to my knowledge that the accused had been brought to Court in chains and leg-irons for consultations with his counsel. I may add that neither Mr Bam, for the accused, nor Mr Badenhorst, for the State, were responsible for bringing this matter to my attention.

I accordingly informed counsel that, for the reasons set out in C S v Stevens 1961 (3) SA 518 (C), with which I am in respectful and full agreement, it would be wrong for me to hear the case.

Both counsel are in agreement that in the circumstances of this case the matter should be postponed for hearing before another Court.

Before doing so, however, there is another matter which I must D deal with and that is one raised by Mr Bam. He informs me that he requested the prison warders who accompanied the accused to remove the chains and leg-irons from the accused in order to enable him to consult with the accused in a free and relaxed atmosphere. They refused to do so. The issue was then referred E to certain higher authorities in the Department of Prisons but Mr Bam's request was again met with a refusal.

Mr Bam stated that in the circumstances he would not, as a matter of principle, consult with the accused until such time as the chains and leg-irons were removed.

In my view, Mr Bam's attitude is a very proper and correct one. An accused person should be able to consult with his legal F advisers free of any constrictions upon his person and in an atmosphere which enables both his legal adviser and himself to speak...